New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-11-03
THEIR APPEAL DENIED.
DECIsION IN THE ANARCHISTS CASE.

DECISION IN 1hE ANAhChlotO NhCC'
rv. SENTENCE AFFIRMED BY THE UNITED STATES
supRrME CoURr-PolNrs OF THE DECISION
THE SCENES IN THE COURT ROOM
Try TELEGRAPH THE TRIBUSE.l
GAsurxoroN. Nov 2-Ths decision Of the United
katts Supreme Court upon the petition for writ OF
Srror in the case Of the Chicago Anarchists was an
S,n,c.d to-day BY Chief Justice Waite in q long and
carefully prepared opinion The writ OF error prayed
br I. denied. The Court holds In brief:
That the first ten to the Constitution
,,.pnjtaon. upon Federal and upon State action.
OF Illinois Is upon Its face valid
and that it is similar in its provisions to
M. statute OF Ca which susiane' In this court IN the
.sse OF IIopt against the Territory OF Utah
ThThst does not appear IN the record that upon the
evidence the court should nave the juror SShof" IN
competent
FourthThat objection the admission Of the Johann
Most letter the examination OF >pe. which conn
", FOR maintained virtually compelled them to
Tat against themselves objected to 10 the trial
,ou and that therefore oua dalton wsslaid for the ex
srcise OF this courts jurisdi ton.
That the question raised General Butler in the
cases Spies and Feden the bats OF their foreign
nationality neither raised decided in the State
esurts and the efore cannot be considered here.
Tie setting OF tug scene WAS never more dramatic per
hsps that In the Supreme Court OF the United
States to-day when the OF the Chief Justice and
the Associate Justices took their places The minute
hand OF the their chairs Indicated delay OF
I'VE minutes. The morning sun no longer shone through
the eastern winOw tho haneings OF which as well as
The haugngs behind court looked blood red as one
peered toward the blue sky beyond. The courtroom
fed up early. far both bar and spectators were
concerned. and before there was crowd Inside
the bar at early hour appeared ex-senator Harrison.
of Indiana, who counsel In important case. and
who exchanged hearty greetings with the benevolent
featured statesman whom Henry Watterson has taught
10 describe as Old Saddlebags" Then in Kan
Thicker one Of the counsel for the Anarchists. who
,voA iokos with jerks and McDMald and Harrison
nd everybody else who had time to listen. All this tine
,he uia,a allotted 70 women became moro ani more
oracd They seemed 70 be uncertain and excited but
tno men within the bar who had listened to the
nonocemen of the Chief Justice on Monday seemed no
longer 10 feel the spur Of excitement ana 10 nave come
hjther 10 listen to the argument
When the Judge. came upon the hench there was no
asl,v They were i've minutes behind time, and Chief
Justlce Waite knew It. He at once said that he was
dreclel by tho court TO It's conclusion. IN
the application OF spies ct al for writ 81 error from The
supreme Illinois 10 the supreme Court OF the
intel states" His voice Was newaat husky as he
bean blt IL reached IT, usual Volume An during
more than thirty minutes hi well moiul"ted tones
flied the At TIM. Ne seemed 10 stumble
butit was only because Of his anxiety slur nnimpor
snt points TO the more quickly reach the coucih-
sion Tie propos OF tue peuuouors ne d~eit upon
mos, deliberately, and with more emphasis. perhaps,
than o. the fatal conclusions u Tue court "uch nc
reAearsel the pJuts maie by the petitioners many
persons In the COURTROOM believed tt- the VIII Wo0i
be ACCORDED lIt re - rccte the couch'ns
Of the court those points there WAS no longer any
iosbt As The or-In Of the court he plei up appa
ling arry O, preccl Tents AMI decisions dsus' the arg1
ment et mp by counsel for tue petitioners To the
mini Of layman who listened carefully TO this expos
ton Of tho law by ths highest l3cia Ocer OF the Gov
ernmen seemed Of the valuable lessons
conveyed IS that In tae OPP ZION % the highest judicial
tribunal in the land. to be competent AM u-
partial juror not be either an IDIOT or an igHo-
ramus Another thing which suggested Itself was that
when deicallnt i'll case Who has submitted u 10 q
trial By jury; who has exercised all hi privileges OF
perempory challenge. an who at the last moment after
percmpt1ry challenges have oeeu exhausted finds ITS
challenge for cause unsupported by court has 70
further recourse of the most painful things Ia the
decisiongbich ans where else would have been cause
for eyitvwds Tue allusOn 10 General Buffers special
plea about two OF the dcfcn lduis not having been
naturzeI citizens Of Great Britain Germany OF some
where else on tA point the court SAID that this ques
ton hsd raised either of the courts below,
aud Therefore could not be- consierei and, morc"Ncr
The court bore down hard on the counsel Tor the pa
uOner IN several other particulars; As FOR example,
when 1t quret in reply 70 the proposition that there
had been tUe search aud seiz are in the
that that wa. a matter Which had al eyed 10y
the counsel Tor tue deeuce in the trial court and there
TIE main fact the decision however IL this That no
force upset ami destroy the operations II statute w.
whether municipal or state without nelng bionEht
Court adjudSe. death to Anarchists.
BOwING ASSENT r. the DECISI ~.
When Ciief Justice Waite flung down the last page Of
his manuscript which were written only The words:
-We are therefore of the opinion that no Federal ques-
ton has presented wirrdntng the inter rtercncc OF
this court, and therefore deny tho writ every mem
Der the bench with perhaps single exception bowed
bis assent did nearly every member OF tue ha pres
ent Randolph Tucker, who nal bern sitting IN ne Il
stey IN front of Chief Justice, dil not cnangeex
PRESTON but the little with the HehralC cOuute-
nT llls4p -
and made hs wav from the court room. once outsde
desired meet newspaper men 40 as to be inervlewed
Which II is To he h lped will Had a. wide circulation
their weight AMI merits may demand
To n TkIBOSE correspondent Nh Fucker SAID that he
not at all surprised al the decision IN ld'' hNi
he the court decided on the merits OF the case !
noticed that IT quoted Il ri OF M brief which held
that the nr-tten amendments 10 NE Constitution were ne
and not OF the states did meet the
Was there any need Of the court meeting IT." asked
o.. 10, mink not You Sec the court started on,
obnoxious 10 TIE Federal Constitution the ec-ion Of
the supreme Court OF the stale respecting the constta-
uonaiy Of that Law. under the state Consultation
MIR Tucker dd not appear 10 be surprised or inlecd
depressed By the decision. The Correspondent founl
that practitioners before the supreme Court are rabcF
ssrrso 10 expressing an opinion RESPECT n9 any o. s
supreme Court to- av for example. war man who has
held high orGe and VINO IS counsel 10 zoo many
American ai moreover. he Is what would he called
most conservative and yet after ali was over ne
ssd III substance; That was wisoy % u,
HE C0nr never ought TO have been troupel WIN " I'D
ought 10 have gone the OF the matter We are
Town on Anarchy. aud why don't we say 30 on every
possible occasion and In every possible way
THE DOOMED ANARCHISTS NOT CAST DOWN
SCENES AND INCIDENTS AT ~ ChiCAGo JAIL
POLICE PRECAUTIONARY MEASURES
IBr TELEGRAPH TO THE TRIBJSE)
CHICAGO. Nov 1T WIS II - O'Clock wlea arsport